I truly enjoyed last night's intro by Thom concerning the US Constitution. It was knowledgeable and until he mentioned the "unelected Justices," pretty balanced.
My issue is this, and maybe elucidation can be given here to me: Both sides have used the federal court route to fight laws that legislatures nr Congress have passed. It's usually one of the first things you hear from opponents of this or that. "Yes, it passed. But, we'll prevail in the Supreme court." How any times have you heard that?
Yeah, Marbury v Madison was bad. Heck, Roe v Wade was as tortured a route of judicial logic as we may see in our lifetimes. To me, it doen't matter if the decision was "just" or "right." What was the Constirutional basis for the decision? I can live with something that is at least logical, even if it is something with which I don't agree. The point is that the me Supreme Court "made" law and that is that. I thought that was the duty of the legislative branch
Both sides have profited from "judicial review."